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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-097Temp. Reso #12239 — August 15, 2012 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE BROWARD COUNTY MARINE ADVISORY COMMITTEE AND ACCEPT AN AWARD FOR BROWARD BOATING IMPROVEMENT PROGRAM GRANT FUNDS IN THE EVENT OF APPROVAL OF THE APPLICATION TO ENHANCE RECREATIONAL BOATING OPPORTUNITIES AT VETERAN'S PARK IN THE AMOUNT OF $100,000; PROVIDING FOR A 25% MATCH IN LOCAL FUNDS IN THE AMOUNT OF $25,000 IN THE EVENT OF APPROVAL OF THE APPLICATION; PROVIDING FOR ACCEPTANCE OF THE AWARD AND EXECUTION OF DOCUMENTS UPON APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving its outdoor recreation facilities and environment; and WHEREAS, the Broward Boating Improvement Program (BBIP) grant provides funds to local governments to improve recreational boating facilities; and WHEREAS, there is a need for a boat launching dock and lighting at Veteran's Park; WHEREAS, the City agrees to maintain the boat launching dock and lighting which are the subject of this grant agreement on an ongoing basis; and WHEREAS, the granting agency requires and the City is willing to match the BBIP grant program request of $100,000 with a 25% match in local funds in the amount of $25,000 in the event of approval; and Temp. Reso #12239 — August 15, 2012 Page 2 WHEREAS, it is a requirement of the grant program that this Resolution be adopted and become an official part of the grant application; and WHEREAS, the Director of Financial Services and Director of Parks and Recreation recommend approval; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to submit an application to the Broward County Marine Advisory Committee for BBIP grant funds to enhance recreational boating opportunities at Veteran's Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto and referenced herein are expressly incorporated and made a specific part of this Resolution. Section 2: The appropriate City Officials are HEREBY authorized to submit a Broward Boating Improvement Program (BBIP) grant program application in the amount of $100,000 to the Broward County Marine Advisory Committee, providing for the required 25% match of $25,000 in local funds for the provision of a boat launching dock and lighting at Veteran's Park. A copy of said application form is attached hereto as Exhibit A. Section 3: Upon approval of the application, the appropriate City officials are HEREBY authorized to accept the award and execute the necessary documents following legal review and approval. Section 4: An appropriation for the receipt and expenditure for this grant will be included in a budget amendment prior to November 30, 2013 pursuant to F.S. 166.241(2). Section 5: Temp. Reso #12239 — August 15, 2012 Page 3 All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 6: If any clause, section, or other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or application of this Resolution. Section 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: PETER M. J. RI CITY CLERK ARDSON; CRM, CMC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM i,, SAMUEL S. GOREN t CITY ATTORNEY day of , 2012. B ETH TALAB I SCO MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO y DIST 1: COMM. BUSHNELL ' « , DIST 2: COMM. GOMEZ £- DIST 3: V/M GLASSER` DIST 4: COMM. DRESSLER y r BROWARD BOATING IMPROVEMENT PROGRAM 2013/2014 GRANT APPLICATION PACKAGE BROWARD COUNTY MARINE ADVISORY COMMITTEE BROWARD COUNTY PARKS AND RECREATION DIVISION BROWARD COUNTY MARINE ADVISORY COMMITTEE BROWARD BOATING IMPROVEMENT PROGRAM FY 2013/2014 GRANT APPLICATION (PLEASE TYPE) For Office Use Date & Time Received APPLICANT INFORMATION Applicant: Project Title: Project Liaison Agent: Title: Address: Zip Code: Telephone: E-mail Address: I hearby certify that the information provided in this application is true and accurate. Signature: Grant Amount Requested: $ Date: PROJECT INFORMATION Funds are Utilized as Match for: FRDAP Site Control (Check One): Acquiring Leased If Leased, Date of Expiration of Lease: Amount of Cash Match: $ FIND LWCF Other 2 Owned Once completed, will this project be insured? Explain: Is this project a Phase I Grant: Brief Project Description: PROJECT DESCRIPTION or a Phase II Grant: Type and Estimated Cost of Proposed Development by Facility: Project Quantity Estimated Applicant Elements (Number and Cost /or Footage) Total Total Acreage of Project Site: 3 BBIP Cost Total Cost PROJECT SCORING QUESTIONS 1. Provide information to show proposed or actual use for the project by recreational boaters. a) How is the public usage of this project clearly identified and quantified b) Discuss the regional and local public benefits and access to be provided by the project. c) Estimate the amount of total public use. d) Can residents from other cities or visitors from other counties reasonably use the project? Explain. e) If this is a Phase I project, what will Phase II provide? 2. Describe availability of navigable recreational waterways, including the distances North, East, South and West, with water depth at low tide and bridge clearances at high tide. a) Will dredging be required to make this project feasible? If so, how much and where is the dredge disposal material going to be deposited? Ll 3. State how previously awarded old Florida Boating Improvement Program (FBIP) or Broward Boating Improvement Program (BBIP) funds have been effectively spent by the applicant in the past. a) Have any FBIP or BBIP funds been used for the existing devolvement of the proposed project site? If yes, what were the funds used for, and when were they awarded? 4. List all available ancillary facilities at the project site such as; restrooms, adequate paved parking, drinking water, pump -out stations, laundry facilities, etc. a) What ancillary facilities is this project proposing? 5 5. List the number of similar boating facilities in the area and their distance from the proposed project. 6. Describe who the intended users of the proposed facility are, and the number of users the project is anticipated to generate. C 7 . List all permits required to construct the project and the status of each permit. a) If this is a Phase I project, how long do you anticipate the design, permitting and engineering process to take? a) Briefly explain the construction techniques to be utilized for this project. b) How are the construction techniques utilized appropriate for the project site? c) Identify any unusual construction techniques that may increase or decrease the costs of the project, or extend the life of the project. d) Describe current status of the project and present a reasonable and effective timeline for the completion of the project. e) Briefly explain any unique aspects of this project that could influence the project timeline. 8. Describe public access/boating access to the proposed project. a) What is the current level of public access in terms of the number of boat ramps, boat slips and trailer parking spaces, linear feet of docks, restrooms (etc.)? b) How many additional ramps, slips, parking spaces or other public access features will be added by the completion of this project? 7 9. Explain user costs, if any, for the proposed project. a) If there are fees charged for the use of this project, please list fee schedule. b) How do these fees compare with fees from similar public &private facilities in the area? 10. Describe the environmental and/or ecological benefits that the proposed project would provide. a) Does the project provide any unique beneficial aspects to the proposed design that would enhance public usage or access, decrease environmental impacts, improve water quality or reduce costs? h:',wp',wpdocs"Abbip grant application 2009 8198, Revised K''O 1, 7/02, T''09, 7I10, 7/ 1 1 0 kRD UNTY PARKS AND RECREATION DIVISION • Administrative Offices 950 N.W. 381h St. • Oakland Park, FL 33309-5982 •954-357-8100 • TTY 954-537-2844 • FAX 954-357-5991 Winner of the National Gold Medal Award for Excellence in Park and Recreation Management Accredited by the Commission for Accreditation of Park and Recreation Agencies (CAPRA) July 31, 2013 Michael Gresek, Grant Administrator City of Tamarac 7527 NW 88th Avenue Tamarac, F1. 33321 Re: Fiscal Year 2013/2014 Broward Boating Improvement Program, Derelict V Dear Mr. CAKek: Removal Grant Attached are three original Broward Boating Improvement Program (BBIP) Grant Agreements for the above referenced project. All three originals should be signed expeditiously by the City Attorney, the Mayor and witnessed. After execution by the Mayor, please return all three agreements as well as the reguired verifications_ referenced in "Article 7" of the ate' reement to: John R. Fiore, Associate Planner Broward County Parks & Recreation Division 950 NW 3 8th Street Oakland Park, F1. 33309 In order for the Agreements to be executed shortly after the final County Commission Budget Hearing on September 24, 2013, the Agreements should be returned by September 10, 2013. Upon final execution, one original of the fully executed Agreement will be returned to you for your files. If you have any questions, please call me at 954-357-8133. Associate Planner C. Chair, Members, Broward County Marine Advisory Committee Dan West, Director, Parks and Recreation Division Carol Morgenstern, Manager, Planning & Development, Parks and Recreation Division Attachment Broward County Board of County Commissioners Sue Gunzburger • Dale V.C. Holness • Kristin Jacobs • Martin David Kiar • Chip LeMarca • Stacy Ritter • Tim Ryan • Barbara Sharief • Lois Wexler broward.org/parks 9 facebook.com/browardcountyparks • twitter.com/browardpaarks 9 youtube.com/browardcountyparks AGREEMENT Between BROWARD COUNTY and the CITY OF TAMARAC for BROWARD BOATING IMPROVEMENT PROGRAM GOVERNMENTAL ENTITY FY 2013/2014 ARTICLE 1 2 3 4 5 6 7 8 9 10 EXECUTI EXHIBIT EXHIBIT B EXHIBIT C INDEX DEFINITIONS AND IDENTIFICATIONS SCOPE OF SERVICES TERM AND TIME OF PERFORMANCE COMPENSATION CHANGES IN SCOPE OF SERVICE INDEMNIFICATION INSURANCES TERMINATION FINANCIAL STATEMENTS MISCELLANEOUS ON PAGES PAGE 1 2 2 3 4 5 5 5 6 7 14715 16$ 17 18719 20 AGREEMENT Between BROWARD COUNTY and the CITY OF TAMARAC for BROWARD BOATING IMPROVEMENT PROGRAM VETERANS MEMORIAL PARK BOAT DOCK GRANT This Agreement, made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," The CITY OF TAMARAC, a municipal corporation existing within the state of Florida, hereinafter referred to as "CONTRACTOR." WHEREAS, the Broward County Marine Advisory Committee recommends funding to assist the CONTRACTOR with approved expenses as defined in Section 328.72, Florida Statutes, and Section 328.76, Florida Statutes, as may be amended from time to time; and WHEREAS, the Board of County Commissioners has determined that these expenditures serve a COUNTY and public purpose; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - Agreement shall mean this document and other terms and conditions which are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board -The Broward County Board of County Commissioners. 1 BBIP-Gout 5/18/11 1.3 Contract Administrator - The Broward County Administrator, the Director of the Broward County Parks & Recreation Division, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CONTRACTOR and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services of this Agreement. 1.4 County Administrator - The administrative head of COUNTY pursuant to Sections 3.02 and 3.03 of the Broward County Charter. 1.5 Coun!y Attorn - The chief legal counsel for COUNTY, who directs and supervises the Office of County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.6 Project The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES CONTRACTOR shall perform all services identified in this Agreement, its grant application, as amended, and Exhibit "A." The parties agree that the Scope of Services is a description of CONTRACTOR's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks, which are such an inseparable part of the work described, that exclusion would render performance by CONTRACTOR impractical, illogical, or unconscionable. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall end four (4) years after Agreement is fully executed. 3.2 All duties, obligations, and responsibilities of CONTRACTOR required by this Agreement shall be completed no later than four (4) years upon final execution of 2 BBIP-Gout 5/18/11 this Agreement. Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE 4 COMPENSATION 4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3, the total amount not to exceed One Hundred Thousand Dollars ($100,000.00) for work actually performed and completed pursuant to this Agreement. It is acknowledged and agreed by CONTRACTOR that this amount is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate CONTRACTOR for services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon CONTRACTOR's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. CONTRACTOR agrees to provide matching funds in the amount of Twenty -Five Thousand Dollars ($25,000.00), as specified in Exhibit A. 4.2 Contract Administrator is responsible for ensuring performance, of the terms and conditions of this Agreement and shall approve all requests prior to payment. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 CONTRACTOR may submit an invoice for compensation after the project for which the invoices are submitted has been completed. The final invoice must be received no later than ninety (90) days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the expenses incurred. 4.3.2 Documentation as required in Exhibit "A" must accompany any request for reimbursement. Invoices shall be certified by the CONTRACTOR's executive director or an authorized officer. 4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt of CONTRACTOR's proper invoice, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by COUNTY. Payment may be withheld for failure of CONTRACTOR to comply with a term, condition, or requirement of this Agreement. 3 BBIP-Gout 5/18/11 4.4 Notwithstanding any provision of this Agreement to the contrary, COUNTY may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to Contract Administrator. The amount withheld shall not be subject to payment of interest by COUNTY. 4.5 If it becomes necessary for the COUNTY to demand a refund of any or all funds tendered pursuant to this Agreement, the CONTRACTOR agrees to return said funds to the COUNTY within sixty (60) days after notification by the COUNTY. If not returned within sixty (60) days, the CONTRACTOR understands and agrees that any further CONTRACTOR requests for funding, as to this or any other program under the COUNTY's administration, shall be denied until the funds have been returned. 4.6 This Agreement strictly prohibits the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 4.7 Payment shall be made to CONTRACTOR at: Michael Gresek, Grant Administrator City of Tamarac 7525 NW 88th Avenue Tamarac, FI. 33321 ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 Upon written request by the CONTRACTOR, the Contract Administrator may approve changes in the categories of expenditures listed in Exhibit "A." 5.2 The Contract Administrator, based on input from the Marine Advisory Committee, may approve changes to the Scope of Services, project description, and uni"f services provided that the total grant awarded remains unchanged, the revisions are consistent with the grant application and the grant guidelines, and the revisions do not diminish the quantity or quality of service to be provided. Any substantial changes in the Scope of Services shall be contained in a written statement executed by the County Administrator and the CONTRACTOR. 0 BBI P-Govt 5/18/11 ARTICLE 6 INDEMNIFICATION Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. SECOND PARTY is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. ARTICLE 7 INSURANCE CONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes, as may be amended from time to time, and CONTRACTOR shall furnish Contract Administrator with written verification of liability protection, in accordance with state law prior to final execution of said Agreement. ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by COUNTY, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health or safety. The parties agree that if COUNTY erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 0 BBI P-Govt 5/18/11 IF 8.2 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the County Administrator, which the County Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 8.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. CONTRACTOR agrees that CONTRACTOR shall not perform any additional work after notification of the COUNTY terminating this Agreement for convenience. CONTRACTOR acknowledges and agrees that it has received good, valuable and sufficient consideration from COUNTY, the receipt and adequacy of which are, hereby acknowledged by CONTRACTOR, for COUNTY's right to terminate this Agreement for convenience. 8.4 The COUNTY shall have the right to terminate this Project Agreement and demand refund of Program funds for noncompliance with the terms and conditions of the Program. Failure to comply with these terms and conditions shall result in the COUNTY declaring the CONTRACTOR ineligible for further participation in the Program until such time as the CONTRACTOR complies therewith. 8.5 In the event this Agreement is terminated, any compensation payable by COUNTY shall be withheld until all documents are provided to COUNTY pursuant to Section 10.1 of Article 10. ARTICLE 9 FINANCIAL STATEMENTS 9.1 GRANTEE hereby agrees to maintain books and records in accordance with Generally Accepted Accounting Principles and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 9.2 GRANTEE agrees and understands that all funding authorized under this Agreement shall be used only for eligible activities specifically outlined in this Agreement. GRANTEE agrees to reimburse COUNTY any and all funds not used in strict compliance with this Agreement. 9.3 Within thirty (30) days of receipt by GRANTEE of Single Audit Report, GRANTEE shall provide to COUNTY on an annual basis the Single Audit Report prepared by an independent certified public accountant showing that there are sufficient and BBIP-Gout 5/18/11 Cl acceptable internal controls over the administration of the GRANTEE's grants. The Single Audit Report will encompass the controls over grants in general without reference to any specific grant award. 9.4 Failure of GRANTEE to meet these financial reporting requirements shall result in suspension of payment under this Agreement or any subsequent grant agreement in effect, and disqualify GRANTEE from obtaining future grant awards until such financial statements are received and accepted by COUNTY. 9.5 GRANTEE is required to, and hereby agrees to, account for any program income related to Project financed in whole or part with Grant Program Funds. 9.6 CONTRACTOR acknowledges submission of financial statements to any other Broward County office, agency, or division does not constitute compliance with requirements to submit that material to Contract Administrator for this Agreement. ARTICLE 10 MISCELLANEOUS 10.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY; and, if a copyright is claimed, CONTRACTOR grants to COUNTY a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CONTRACTOR to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 10.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CONTRACTOR and its subcontractors that are related to this Project. CONTRACTOR and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of CONTRACTOR and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CONTRACTOR BBIP-Gout 5/18/11 M or its subcontractor, as applicable, shall make same available at no cost to COUNTY in written form. CONTRACTOR and its subcontractors shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CONTRACTOR's and its subcontractors' records, CONTRACTOR and its subcontractors shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CONTRACTOR or its subcontractors. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. CONTRACTOR shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 10.2. 10.3 EEO COMPLIANCE CONTRACTOR shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, marital status, political affiliation, familial status, disability, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement, the solicitation for or purchase of goods or services relating to this Agreement, or in subcontracting work in the performance of this Agreement and shall not otherwise unlawfully discriminate in violation of the Broward County Code, Chapter 16Y2, as may be amended from time to time. CONTRACTOR shall include the foregoing or similar language in its contracts with any subcontractors or sub -consultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as COUNTY deems appropriate. CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course BBIP-Gout 5/18/11 of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. By execution of this Agreement, CONTRACTOR represents that it has not been placed on the discriminatory vendor list (as provided in Section 287.134, Florida Statutes, as may be amended from time to time). COUNTY hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle COUNTY to terminate this Agreement and recover from CONTRACTOR all monies paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY's competitive procurement activities. 10.4 INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to CONTRACTOR or CONTRACTOR's agents any authority of any kind to bind COUNTY in any respect whatsoever. 10.5 PREVAILING WAGE REQUIREMENT If construction work in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) is required of, or undertaken by, CONTRACTOR as a result of this Agreement, Broward County Ordinance No. 83-72, as may be amended from time to time, shall be deemed to apply to such construction work; and further CONTRACTOR shall fully comply with the requirements of such ordinance and shall satisfy, comply with, and complete the requirements set forth in Exhibits B and C. 10.6 THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. F BBIP-Gout 5/18/11 10.7 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same, as set forth herein, until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Dan West, Director Broward Parks & Recreation Division 950 N . W.38th Street Oakland Park, Florida 33309 (954) 357-8100 FOR CONTRACTOR: Michael Gresek, Grant Administrator City of Tamarac 7525 NW 88th Avenue Tamarac, FI. 33321 (954) 579-3562 10.8 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Agreement except as authorized by Exhibit A. C0NTRACTOFi-►represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s), provided to or on behalf of CONTRACTOR, shall be comparable to the best local and national standards. 10 BBI P-Govt 5/18/11 10.9 CONFLICTS Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY or in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONTRACTOR is permitted to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 10.10 AMENDMENTS Except for the provisions set forth in Article 5, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CONTRACTOR. 10.11 WAIVER OF BREACH AND MATERIALITY COUNTY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arms -length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 11 BBIP-Gout 5/18/11 10.12 COMPLIANCE WITH LAWS CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 10.13 SEVERANCE In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CONTRACTOR elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 10.14 JOINT PREPARATION Each party and its counsel have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 10.15 PRIORITY OF PROVISIONS The applicable provisions of Sections 328.72, and 328.76, Florida Statutes, as may be amended from time to time, and Section 9 1 /2-16 of the Broward County Code, as may be amended from time to time, are hereby expressly incorporated into this Agreement. In the event of a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in the Florida Statutes, and Broward County Code, shall prevail and be given effect. 10.16 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement 12 BBIP-Gout 5/18/11 shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT, 10.17 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms, hereof, shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 10.10 above. 10.18 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated into and made a part of this Agreement. 10.19 MULTIPLE ORIGINALS Multiple copies of this Agreement may be fully executed by all parties, each of which shall be deemed to be an original. [THIS SPACE INTENTIONALLY LEFT BLANK] 13 BBIP-Gout 5/18/11 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Resolution on the seventeenth day of April, 2001, and the CITY OF TAMARAC, signing by and through its MAYOR, duly authorized to execute same. COUNTY Witness Witness Approved as to Insurance Requirements By: Risk Management Division DEJ/bjl 5/13/11 DEJ2011 MAC BBIP Govt FY2010 2011 File: 11-115.04 14 BBIP-Govt 5/18/11 By: Bertha Henry County Administrator day of , 2013. Approved as to form by Office of County Attorney Broward County, Florida Joni Armstrong Coffey, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By: Daphne Jones Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR THE BROWARD BOATING IMPROVEMENT PROGRAM GRANT WITNESSES: ATTEST: City Clerk BBI P-Govt 5/18/11 CONTRACTOR TAMARAC (Signature) � (Print Name and Title) day of "%.45;--A 2013. 0 Reviewed and approved as to form by 15 CiNAtto day of AV% , 2013. EXHIBIT "A" Project title: Veterans Memorial Park Boat Dock Project I. Scope of project: Construct a 1,000 sq.ft. floating boat dock adjacent to the existing boat ramp, and install safety lighting at the boat ramp. A. CONTRACTOR agrees to complete the project known as the Veterans Memorial Park Boat Dock Project, in accordance with plans approved by the Broward County Marine Advisory Committee before construction begins, and plans and specification prepared by, or under the supervision and review of, a registered professional architect, engineer, or other appropriate professional. These elements are identified in the project application which is made a part of this Agreement by reference. B. CONTRACTOR is responsible for obtaining all state, federal, and local permits, licenses, agreements, leases, easements, etc., required for the project. C. CONTRACTOR agrees that the project, when completed, shall be dedicated for public recreational uses. The dedication shall extend for a minimum of twenty-five (25) years and shall be recorded in the public property records. CONTRACTOR further agrees to return to the COUNTY funds tendered for the project in the event the project becomes utilized for other than the purposes of the project during this period. D. The CONTRACTOR shall erect a permanent sign identifying the program and the COUNTY as a funding source of project construction. III. Required documentation of services rendered: A. Contract Administrator is responsible for ensuring performance of its terms and conditions and shall approve all payment requests prior to payment. The CONTRACTOR shall submit to the COUNTY signed quarterly project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. Photographs shall be submitted when appropriate to reflect work accomplished. B. Upon project completion, the engineer, architect, or other appropriate professional shall sign a statement certifying satisfactory completion of the project in accordance with the prepared plans and specifications. 16 BBIP-Gout 5/18/1 1 IV. Matching Funds A. Pursuant to Section 4.1 of this Agreement, CONTRACTOR agrees to provide matching funds in the amount of $25,000.00. 17 BBIP-Gout 5/18/11 a EXHIBIT "B" Prevailing Wage Rates:: On November 17, 1983, the Broward County Board of County Commissioners enacted Ordinance No. 83-72 providing that, in all non -federally funded construction procurement activity of Two Hundred Fifty Thousand Dollars ($250,000.00) or more, the rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work in like industries as determined by the Secretary of Labor and as published in the Federal Register (latest revision). 1. Prevailing Wage Rate Ordinance. This Project is not federally funded. If the construction cost is in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), the following sections shall apply: BBIP-Gout 5/18/11 a) The rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work in a like construction industry as determined by the Secretary of Labor and as published in the Federal Register (latest revision). b) All mechanics, laborers, and apprentices, employed or working directly upon the site of the work shall be paid in accordance with the above -referenced wage rates. CONTRACTOR shall post notice of these provisions at the site of the work in a prominent place where it can be easily seen by the workers. c) If the parties cannot agree on the proper classification of a particular class of laborers or mechanics or apprentices to be used, the Contract Administrator shall submit the question, together with its recommendation, to the County Administrator for final determination. d) In the event it is found by the Contract Administrator that any laborer or mechanic or apprentice employed by CONTRACTOR, or any Subcontractor directly on the site of the work has been or is being paid at a rate of wages less than the rate of wages required by the ordinance, the Contract Administrator may: (1) by written notice to CONTRACTOR terminate its right to proceed with the work or such part of work for which there has been a failure to pay said required wages; and (2) prosecute the work or portion thereof to completion by contract or otherwise. Whereupon, CONTRACTOR and its sureties shall be liable to COUNTY for any excess costs occasioned to COUNTY thereby. 0 BBI P-Govt 5/18/11 e) Sections 1.a) through 1.d) above shall apply to this Agreement to the extent that it is: (1) a prime Agreement subject to the ordinance; or (2) a subcontract also subject to the ordinance under such prime Agreement. f) CONTRACTOR shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve such for a period of three (3) years thereafter for all laborers, mechanics, and apprentices working at the site of the work. Such records shall contain the name and address of each such employee; its current classification; rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits); daily and weekly number of hours worked; deductions made; and actual wages paid. g) CONTRACTOR shall submit, with each requisition for payment, a signed and sworn "Statement of Compliance" attesting to compliance with Broward County Ordinance No. 83-72. The Statement shall be in the form attached as Exhibit "C." h) The Contract Administrator may withhold or cause to be withheld from CONTRACTOR so much of the payments requisitioned as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, watchpersons, and guards employed by CONTRACTOR or any subcontractor on the work, the full amount of wages req u i red by this Agreement. i) If CONTRACTOR or any subcontractor fails to pay any laborer, mechanic, or apprentice employed or working on the site of the work all or part of the wages required by this Agreement, the Contract Administrator may, after written notice to CONTRACTOR, take such action as may be necessary to cause suspension of any further payments or advances until such violations have ceased. 19 It W EXHIBIT "C" STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-721 No. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by Broward County Ordinance No. 83-72 and the applicable conditions of this Agreement. Dated a a STATE OF ) SS. COUNTY OF ) CONTRACTOR (Signature) (Name and Title) The foregoing instrument was acknowledged before me this day 2013, by who is personally known to me or as identification and who did/did not take an oath. of who has produced WITNESS my hand and official seal, this day of , 2013. (NOTARY SEAL) (Signature of person taking acknowledgment) My commission expires: BBIP-Gout 5/18/11 (Name of officer taking acknowledgment) typed, printed or stamped (Title or rank) (Serial number, if any) 20 B RD COUNTY PARKS AND RECREATION DIVISION • Administrative Offices 950 N.W. 3e St. • Oakland Park, FL 33309-5982.954-357-8100 • TTY 954-537-2844 9 FAX 954-357-5991 Winner of the National Gold Medal Award for Excellence in Park and Recreation Management Accredited by the Commission for Accreditation of Park and Recreation Agencies (CAPRA) January 29, 2014 Michael Gresek, Grants Administrator City of Tamarac 7525 NW 88" Avenue Tamarac, F1.33321 Re: Broward Boating Improvement Program (BBIP) Executed Agreement for Tamarac, Veterans Memorial Park Boat Dock Grant Project f;L Dear Mr. GgK: Attached is one original Agreement for the above referenced for your files. Please note that the project completion date is January 28. 2018. This is your official "Notice to Proceed" with the project. The required "Close -Out Documentation" forms, and the BBIP Rules are attached. Please ensure that the provisions of the BBIP Grant Agreement, and BBIP Rules are adhered to during the course of the project. This will enable the processing of the Project Close -Out Documents to be handled as expeditiously as possible. In addition, January 5, April 5, July 5 and October 5 to this office. Failure to provide quarterly reports could jeopardize future BBIP funding. If you have any questions, or need any assistance during the course of the project, please call me at (954) 357-8133. Sincerely, T'ohAYR'. Fibre Associate Planner attachments c. Chair, Members, Broward County Marine Advisory Committee Dan West, Director, Parks and Recreation Division Carol Morgenstern, Manager, Planning and Development Group, Parks and Recreation Division Broward County Board of County Commissioners Sue Gunzburger • Dale V.C. Holness 9 Kristin Jacobs • Martin David Kiar * Chip LaMarca s Stacy Ritter * Tim Ryan • Barbara Sharief • Lois Wexler broward.org/parks • facebook.com/browardcountyparks 9 twitter. conArowardparks - youtube.com/browardcountyparks 6 BROWARD COUNTY MARINE ADVISORY COMMITTEE BROWARD BOATING IMPROVEMENT PROGRAM RULES The purpose of the Broward Boating Improvement Program (BBIP) is to implement provisions of Florida Statute 328.72(15) which provides that a portion of the funds received from boat license fees and retained by County governments to provide recreational channel marking and other uniform waterway markers, public boat ramps, lifts, and hoists, marine railways, and other public launching facilities, derelict vessel removal, and removal of vessels and floating structures deemed a hazard to public safety and health for failure to comply with Florida Statute 327.53. DEFINITIONS: APPLICATION -means the formal request for financial assistance consisting of a complete proposal with required supporting documentation submitted to Broward County. APPLICANT - means the municipality, government agency, or organization which is responsible for the submission of an application. COMMITTEE - means the Broward County Marine Advisory Committee. COUNTY - means the Broward County Board of County Commissioners. DIVISION -means the Broward County Parks and Recreation Division. FUND - means the Broward Boating Improvement Program. GRANT - means funds authorized by the State of Florida Department of Environmental Protection for Broward County to use for the Broward Boating Improvement Program project. LIAISON -means the officially designated representative of the Broward County Parks and Recreation Division authorized to act on behalf of the Marine Advisory Committee on all matters related to participation in the program. POWERBOAT - means any registered vessel used for recreational purposes which is propelled or powered by machinery and which is used or capable of being used as a means of transportation on water. PROGRAM -means the Broward Boating Improvement Program (BBIP). PROJECT - means a planned undertaking consisting of eligible Program facilities, improvements or expenses for the public use and benefit of the general recreational boating public. PROJECT AGREEMENT - means an executed contract between the County and the project applicant setting forth mutual obligations regarding a grant project. STATE - means the State of Florida. POLICY: 1. Financial assistance in the form of grants from the Fund shall be made available to Broward County Municipalities, and government agency or organization deemed eligible by the Committee for the purpose of providing recreational Channel marking and public launching facilities and other public boating -related facilities as permitted by State Statute. 2. Contingent upon the State of Florida permitting vessel fees to be retained by the County, the Division shall send out "Requests for Proposals" to each Broward Municipality. The allocation is based on the number of non-commercial vessels registered in Broward County during the preceding County Fiscal Year (October 1 to September 30). 3. Projects shall be approved by the Committee and recommended to the County Commission for funding in accordance with these rules. 4. The County and Municipality, non -county government agency or organization shall enter into a Project Agreement prior to the release of Program funds. 5. Unless otherwise specified in the Project Agreement, a project may not commence until the Project Agreement is fully executed by all parties. 6. Program funds may be used as the local cash matching requirement from the Florida Recreation Development Assistance Program, the Florida Inland Navigation District Waterway Assistance Program, Florida Boating Improvement Program or any other eligible grant programs. 7. The site of a proposed land -based development project shall be dedicated for public recreational use. If owned, the project site must be dedicated in perpetuity. The dedication shall extend for a minimum period of 25 years after project completion if control of the site is by lease, permit, management agreement or other similar instrument. The dedication shall be recorded in the public property records. 8. The location of any vessel launching facility and access to the water body it serves shall not pose a threat to other boating or recreational activities on the water body it serves. 2 APPLICATION REQUIREMENTS 1. The Broward Boating Improvement Program Application Form is hearby incorporated by reference and is available from the Division at 950 N.W. 3 8th Street, Oakland Park, Florida 3 3 3 09. One (1) original and nineteen (19) copies of the Grant Application request for funding will be submitted during the application submission period stated in the Request For Proposal. Included with the application should be an official resolution by the applicant governing body, submission letter, location map, boundary map site plan, and proof of site control if project site is leased. Emergency requests for funding may be submitted at any time on an official BBIP Application by a municipality or government agency and will be reviewed at the next scheduled Committee meeting. All applications will be reviewed for eligibility and completeness by the liaison. The applicant will be notified if the application is ineligible or is not complete, and will be allowed to correct all deficiencies before recommendations are made to the County Commission. Emergency BBIP applications will be reviewed for the validity of the emergency. All applications will be reviewed, scored, and ranked by the MAC. Funding of BBIP Applications will be determined by the availability of BBIP funds. 2. A Municipality shall approve the submission of an application by official resolution. A copy of that resolution shall be submitted with the application. All other applicants shall submit a letter with the application authorizing the submission of the application. 3. Once the County has approved a project, the County and municipality, non -county government agency, or organization shall enter into a Project Agreement which sets forth the responsibilities and duties of each party regarding the project administration. Special terms and conditions shall be incorporated into the Project Agreement as particular circumstances dictate. County agencies will enter into an inter -divisional letter of understanding. 4. The County may reject applications from Municipalities, and all government agencies and organizations which have not met their obligations under the terms of previous Project Agreements. PROJECT ELIGIBILITY 1. Monies from the Fund shall be used for projects aimed at improving recreational boating for the public. Any project developed with assistance from this Program shall be for the use and benefit of the general public. 2. Program funds may be used for projects such as: a. Construction, expansion, renovation, or installation of the following for public use on land and waters: 3 (1) Recreational powerboat boat ramps, lifts and hoists, marine railways and other public launching facilities (2) Recreational channel marking and other uniform waterway markers. (3) Public docking and mooring facilities for recreational powerboats. (4) Access roads and parking for recreational powerboat public launching facilities. (5) Dredging which is ancillary to a project which provides access to a publicly owned or maintained marine facility (6) Recreational boating related support facilities and utilities such as restrooms, lighting, water, sewer, and electrical that are part of a recreational powerboat public launching facility. (7) Bulkheads, rip -rap, and seawall construction relative to the construction of a recreational powerboat public launching facility. (8) Derelict vessel removal, and the removal of vessels and floating structures, deemed a hazard to public safety and health for failure to comply with Florida Statute 327.53. (9) Design and engineering costs, and permit fees are permitted to be submitted as a Phase I project the maximum amount to be funded is fifty (50%). Phase II provides for the construction of the project that is designed, engineered and permitted in Phase I. The County will reimburse Phase I design, engineering and permitting costs only upon successful completion of Phase II construction. 3. Project costs which are eligible for funding include only those necessary for the construction and completion of an eligible project. 4. Project construction expenses that are eligible for funding include payments to construction contractors, vendors for purchase of materials, rental of equipment or lump sum labor contracts. 5. Ineligible expenses include project administration, land acquisition, signage, landscaping and irrigation, maintenance renovation of previously funded Florida Boating Improvement or BBIP projects, tools, equipment, boats, boat motors, office equipment, and materials not used exclusively for the project. 6. Eligible expenses include the maximum of fifty percent (50%) of project design and engineering costs and permit fees. 0 . PROJECT DESIGN CRITERIA 1. All projects shall be designed in accordance with standard engineering practices, and implemented in compliance with state and local building codes and applicable laws. 2. All local, State and Federal permits, leases, easements, management agreements, or other similar required authorizations for the project shall be obtained prior to the commencement of project construction. 3. The Committee shall review and approve all final site plans or construction plans before the commencement of project construction. Construction commencement before plan approval by the Committee will result in non -reimbursement of the project. GRANT CONDITIONS 1. Facilities funded in whole or in part by Program Funds shall be administered and made available to the general public on a non-exclusive basis without regard to race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16 1 /2), national origin, marital status, physical or mental disability, political affiliation, the political jurisdiction in which a person resides, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 2. The applicant shall not unlawfully discriminate against any person in its operations and activity, in its use or expenditure of Program Funds and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act (ADA) in the course of providing any facility funded in whole or in part by the County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines and standards. 3. The Municipality, agency or organization must submit to the Division a Project IR Completion Certificate upon completion of the project, with the Division required close- out documents for reimbursement, available from the Division at 950 NW 3 8"' Street, Oakland Park, Florida 33309. 4. The Applicant shall be responsible to the County for insuring the satisfactory operation and maintenance of sites and facilities funded under this Program for a minimum of 25 years from the date of project completion. 5. Proposed changes to the Project Agreement (i.e., scope of the project, project period, or grant amount) must be submitted to the Division in writing at least six months in advance of the project construction completion date by the Applicant, accompanied by a statement of justification for the proposed changes. Proposed changes will be submitted to the Committee by the Division, at the Committee's next scheduled meeting, for their review and recommendation to the County. Agreed changes shall be evidenced by a formal Amendment to the Project Agreement, or a new agreement. Minor changes in the scope of the project shall be submitted to the Division in writing. The minor change will be 5 a V reviewed by the liaison and submitted to the Committee at their next scheduled meeting for their approval. If a project is constructed and is not consistent with the scope of the project listed in the Project Agreement and the construction plans approved by the Committee, the County shall withhold reimbursement until all items listed in the scope of the project and approved plans are completed. 6. The County shall have the right to terminate. a Project Agreement or demand refund of Program Funds for non-compliance with the terms of the Project Agreement or these rules. Failure of an Applicant to comply with the provisions of a Project Agreement or the rules shall result in the County declaring the Applicant ineligible for further participation the Program until such time as the Applicant completes the terms of the Project Agreement or Rules. 7. The Applicant shall be responsible for the erection and maintenance of a permanent BBIP acknowledgment sign or plaque at the project site for the life of the project. Appropriate wordage for the sign or plaque is included in the close-out documents. ACCOUNTABILITY The following procedures shall govern the accountability of Program grant funds: 1. Each applicant is responsible for maintaining an accounting system which meets generally accepted accounting principals and for maintaining such financial records for a period of seven years, as necessary to properly account for all Program funds. 2. All required close-out documents, available from the Division at 950 NW 38th Street, Oakland Park, Florida 33309, shall be submitted to the Division prior to reimbursement of Funds. 3. All project Funds are reimbursable only upon full completion of the project. 4. The Liaison or County personnel may inspect completed projects and audit project financial records. 5. If found by any State, County or independent audit that Project Funds have not been used in accordance with the Project Agreement, Rules, or applicable laws, the Applicant shall be responsible for repayment of misused funds with interest from the date the funds were allocated to the Applicant using the Consumer Price Index for all Urban Consumers for Miami/Fort Lauderdale to the County for deposit in the Fund, and may result in the County declaring the Applicant ineligible for further participation the Program. H:\wP\DOCS\BBIP RULES 2010.wpd Prepared by:John R. Fiore, Liaison, MAC, August 18, 1998. Revised: Dec. 4, 1998, Oct. 28, 2002, May 14, 2003, July 24, 2006, July 24, 2007, Dec. 30, 2008 July 22, 2009, July 13, 2010 0 BROWARD COUNTY BR 0 WARD BOATING IMPROVEMENT PROGRAM REQUIRED CLOSE,,OUTDOCUMENTATION Grantee: Project Name: Project Completion Certification As -Built Site Plan List of Constructed Project Facilities and Improvements Map & Driving Instructions to Project Site Color Photographs of Project and Identification Sign Payment Request Form Billing Schedules Proof of Dedication in Public Records Project Administrator Date BROWARD COUNTY BR 0 WARD BOATING IMPROVEMENT PROGRAM PROJECT COMPLETION CERTIFICATION Grantee: Project Name: I hereby certify that the above referenced proj ect has been completed in accordance with the Broward Boating Improvement Program Grant Agreement between the Broward County Board of County Commissioners and dated the 520 that all funds allocated for the project were expended pursuant to the Grant Agreement; that all goods and services for accomplishment of the project were negotiated and procured in accordance with all Florida and local laws, and funding program requirements; that all approved project construction was completed on 20 which was on or prior to the project completion date specified in the Grant Agreement; and that the project was completed in accordance with the final project plans (site, architectural, engineering) prepared for the project. Signed: (Project Administrator) Date: This project was completed in accordance with the final project plans (site, architectural, engineering) prepared for the project. Signed: (Project Architect or Engineer) Date: H:\WPDOCS\BBIP CLOSEOUT COMPLETION CERTIFICATION. DOCX 7/99, 8/ 11 BROWARD COUNTY BR 0 WA RD BOATING IMPROVEMENT PROGRAM ACTUAL COST CONTRACT PAYMENT REQUEST Project Name: Grantee: Date: Contractual Services Salaries and Wages Employee Benefits (30 % of Salaries) Materials and Supplies: Direct Purchases Equipment Rental TOTAL PROJECT COSTS Cumulative Project Costs 8 �0 CERTIFICATION: I hereby certify that the above expenses were incurred for the work identified in the previously submitted Project Status Reports and the executed Grant Agreement. Project Administrator Date CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the project expenses as reported above and is available for audit by Broward County upon request. Project Financial Officer Date HAWORMBBIP Payment Request Forms 8/17/10 Z O U 0 E a z V 'O i C� as 0 Pt sL M 0 U 0 o. i , . ■ Z O a Q W U .0 U- C rw �+ m L O U � O � "a .— CM M c > •— m M L cc CLCc 0.0 -0 m c=a 0 �t: 0 C.)a- ,MCD o U 0 0 N a � a °. w o CD o .a :a cs Q3 � i N L. N m 0 o 0 ca 0 6E tl C N E N 1.2 .�Q .E N B N cn 0 U a am m w U gl� 0 N co BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS STANDARD LANGUAGE FOR PROPERTY RECORDS BROWARD BOATING IMPROVEMENT PROGRAMS Notice of Limitation of Use/Site Dedication The property identified in the attached project agreement and boundary map has been developed by the project applicant with financial assistance provided by the Broward County Board of County Commissioners. Land owned and then developed by the project applicant with grant assistance from the Broward Boating Improvement Program (BBIP) shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the general public. Leased land developed by the project applicant with grant assistance from the BBIP shall be dedicated as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of the development. Broward County will require the return of BBIP grant funds disbursed to the Project Applicant. BBIP grant funds shall be refunded to Broward County with interest, calculated at two (2) percent above the prevailing prime rate as reported by the Federal Reserve, if the BBIP project identified in the project agreement is removed, demolished or closed to the public by the project applicant within 25 years of project completion. I certify that a copy or copies of the of the Notice of Limitation of Use/Site Dedication form, project agreement and project boundary map have been filed in the County Courthouse with the deed to the property on which the following grant project is located: BBIP Proj ect Name Signature of Liaison Agent Typed Name and Title Date fMORD/BBIP Closeout Documents/Notice of Limitation of use -Site Dedication 8/17/10, Revised 3/29/11, 4/12/12 AGREEMENT Between BROWARD COUNTY and the CITY OF TAMARAC for BROWARD BOATING IMPROVEMENT PROGRAM GOVERNMENTAL ENTITY FY 2013/2014 U t ARTICLE 1 2 3 4 5 6 7 8 9 10 INDEX DEFINITIONS AND IDENTIFICATIONS SCOPE OF SERVICES TERM AND TIME OF PERFORMANCE COMPENSATION CHANGES IN SCOPE OF SERVICE INDEMNIFICATION INSURANCES TERMINATION FINANCIAL STATEMENTS MISCELLANEOUS EXECUTION PAGES EXHIBIT EXHIBIT B EXHIBIT PAGE 1 2 2 3 4 5 5 5 6 7 14, 15 16117 18,19 20 AGREEMENT Between BROWARD COUNTY and the CITY OF TAMARAC for BROWARD BOATING IMPROVEMENT PROGRAM VETERANS MEMORIAL PARK BOAT DOCK GRANT This Agreement, made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and The CITY OF TAMARAC, a municipal corporation existing within the state of Florida, hereinafter referred to as "CONTRACTOR." WHEREAS, the Broward County Marine Advisory Committee recommends funding to assist the CONTRACTOR with approved expenses as defined in Section 328.72, Florida Statutes, and Section 328.76, Florida Statutes, as may be amended from time to time; and WHEREAS, the Board of County Commissioners has determined that these expenditures serve a COUNTY and public purpose; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - Agreement shall mean this document and other terms and conditions which are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board -The Broward County Board of County Commissioners. 1 BBIP-Gout 5/18/11 1.3 Contract Administrator - The Broward County Administrator, the Director of the Broward County Parks & Recreation Division, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CONTRACTOR and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services of this Agreement. 1.4 County Administrator - The administrative head of COUNTY pursuant to Sections 3.02 and 3.03 of the Broward County Charter. 1.5 County Attorney - The chief legal counsel for COUNTY, who directs and supervises the Office of County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.6 Project The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES CONTRACTOR shall perform all services identified in this Agreement, its grant application, as amended, and Exhibit "A." The parties agree that the Scope of Services is a description of CONTRACTOR's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks, which are such an inseparable part of the work described, that exclusion would render performance by CONTRACTOR impractical, illogical, or unconscionable. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall end four (4) years after Agreement is fully executed. 3.2 All duties, obligations, and responsibilities of CONTRACTOR required by this Agreement shall be completed no later than four (4) years upon final execution of 2 BBIP-Gout 5/18/11 this Agreement. Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE 4 COMPENSATION 4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3, the total amount not to exceed One Hundred Thousand Dollars ($100,000.00) for work actually performed and completed pursuant to this Agreement. It is acknowledged and agreed by CONTRACTOR that this amount is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate CONTRACTOR for services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon CONTRACTOR's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. CONTRACTOR agrees to provide matching funds in the amount of Twenty -Five Thousand Dollars ($25,000.00), as specified in Exhibit A. 4.2 Contract Administrator is responsible for ensuring performance of the terms and conditions of this Agreement and shall approve all requests prior to payment. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 CONTRACTOR may submit an invoice for compensation after the project for which the invoices are submitted has been completed. The final invoice must be received no later than ninety (90) days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the expenses incurred. 4.3.2 Documentation as required in Exhibit "A" must accompany any request for reimbursement. Invoices shall be certified by the CONTRACTOR's executive director or an authorized officer. 4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt of CONTRACTOR's proper invoice, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by COUNTY. Payment may be withheld for failure of CONTRACTOR to comply with a term, condition, or requirement of this Agreement. K BBI P-Govt 5/18/11 4.4 Notwithstanding any provision of this Agreement to the contrary, COUNTY may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to Contract Administrator. The amount withheld shall not be subject to payment of interest by COUNTY. 4.5 If it becomes necessary for the COUNTY to demand a refund of any or all funds tendered pursuant to this Agreement, the CONTRACTOR agrees to return said funds to the COUNTY within sixty (60) days after notification by the COUNTY. If not returned within sixty (60) days, the CONTRACTOR understands and agrees that any further CONTRACTOR requests for funding, as to this or any other program under the COUNTY's administration, shall be denied until the funds have been returned. 4.6 This Agreement strictly prohibits the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 4.7 Payment shall be made to CONTRACTOR at: Michael Gresek, Grant Administrator City of Tamarac 7525 NW 88th Avenue Tamarac, FI. 33321 ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 Upon written request by the CONTRACTOR, the Contract Administrator may approve changes in the categories of expenditures listed in Exhibit "A." 5.2 The Contract Administrator, based on input from the Marine Advisory Committee, may approve changes to the Scope of Services, project description, and uni"f services provided that the total grant awarded remains unchanged, the revisions are consistent with the grant application and the grant guidelines, and the revisions do not diminish the quantity or quality of service to be provided. Any substantial changes in the Scope of Services shall be contained in a written statement executed by the County Administrator and the CONTRACTOR. 0 BBIP-Gout 5/18/11 ARTICLE 6 INDEMNIFICATION Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. SECOND PARTY is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. ARTICLE 7 INSURANCE CONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes, as may be amended from time to time, and CONTRACTOR shall furnish Contract Administrator with written verification of liability protection, in accordance with state law prior to final execution of said Agreement. ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by COUNTY, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health or safety. The parties agree that if COUNTY erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 5 BBIP-Gout 5/18/11 8.2 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the County Administrator, which the County Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 8.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. CONTRACTOR agrees that CONTRACTOR shall not perform any additional work after notification of the COUNTY terminating this Agreement for convenience. CONTRACTOR acknowledges and agrees that it has received good, valuable and sufficient consideration from COUNTY, the receipt and adequacy of which are, hereby acknowledged by CONTRACTOR, for COUNTY's right to terminate this Agreement for convenience. 8.4 The COUNTY shall have the right to terminate this Project Agreement and demand refund of Program funds for noncompliance with the terms and conditions of the Program. Failure to comply with these terms and conditions shall result in the COUNTY declaring the CONTRACTOR ineligible for further participation in the Program until such time as the CONTRACTOR complies therewith. 8.5 In the event this Agreement is terminated, any compensation payable by COUNTY shall be withheld until all documents are provided to COUNTY pursuant to Section 10.1 of Article 10. ARTICLE 9 FINANCIAL STATEMENTS 9.1 GRANTEE hereby agrees to maintain books and records in accordance with Generally Accepted Accounting Principles and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 9.2 GRANTEE agrees and understands that all funding authorized under this Agreement shall be used only for eligible activities specifically outlined in this Agreement. GRANTEE agrees to reimburse COUNTY any and all funds not used in strict compliance with this Agreement. 9.3 Within thirty (30) days of receipt by GRANTEE of Single Audit Report, GRANTEE shall provide to COUNTY on an annual basis the Single Audit Report prepared by an independent certified public accountant showing that there are sufficient and BBI P-Govt 5/18/11 acceptable internal controls over the administration of the GRANTEE's grants. The Single Audit Report will encompass the controls over grants in general without reference to any specific grant award. 9.4 Failure of GRANTEE to meet these financial reporting requirements shall result in suspension of payment under this Agreement or any subsequent grant agreement in effect, and disqualify GRANTEE from obtaining future grant awards until such financial statements are received and accepted by COUNTY. 9.5 GRANTEE is required to, and hereby agrees to, account for any program income related to Project financed in whole or part with Grant Program Funds. 9.6 CONTRACTOR acknowledges submission of financial statements to any other Broward County office, agency, or division does not constitute compliance with requirements to submit that material to Contract Administrator for this Agreement. ARTICLE 10 MISCELLANEOUS 10.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY; and, if a copyright is claimed, CONTRACTOR grants to COUNTY a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CONTRACTOR to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 10.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CONTRACTOR and its subcontractors that are related to this Project. CONTRACTOR and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of CONTRACTOR and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CONTRACTOR 7 BBIP-Gout 5/18/11 or its subcontractor, as applicable, shall make same available at no cost to COUNTY in written form. CONTRACTOR and its subcontractors shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CONTRACTOR's and its subcontractors' records, CONTRACTOR and its subcontractors shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CONTRACTOR or its subcontractors. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. CONTRACTOR shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 10.2. 10.3 EEO COMPLIANCE CONTRACTOR shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, marital status, political affiliation, familial status, disability, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement, the solicitation for or purchase of goods or services relating to this Agreement, or in subcontracting work in the performance of this Agreement and shall not otherwise unlawfully discriminate in violation of the Broward County Code, Chapter 16Yz, as may be amended from time to time. CONTRACTOR shall include the foregoing or similar language in its contracts with any subcontractors or sub -consultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as COUNTY deems appropriate. CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course ''� BBIP-Gout 5/18/11 of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. By execution of this Agreement, CONTRACTOR represents that it has not been placed on the discriminatory vendor list (as provided in Section 287.134, Florida Statutes, as may be amended from time to time). COUNTY hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle COUNTY to terminate this Agreement and recover from CONTRACTOR all monies paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY's competitive procurement activities. 10.4 INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to CONTRACTOR or CONTRACTOR's agents any authority of any kind to bind COUNTY in any respect whatsoever. 10.5 PREVAILING WAGE REQUIREMENT If construction work in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) is required of, or undertaken by, CONTRACTOR as a result of this Agreement, Broward County Ordinance No. 83-72, as may be amended from time to time, shall be deemed to apply to such construction work; and further CONTRACTOR shall fully comply with the requirements of such ordinance and shall satisfy, comply with, and complete the requirements set forth in Exhibits B and C. 10.6 THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. BBIP-Gout 5/18/11 10.7 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same, as set forth herein, until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Dan West, Director Broward Parks & Recreation Division 950 N . W.38th Street Oakland Park, Florida 33309 (954) 357-8100 FOR CONTRACTOR: Michael Gresek, Grant Administrator City of Tamarac 7525 NW 88th Avenue Tamarac, FI. 33321 (954) 579-3562 10.8 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Agreement except as authorized by Exhibit A. CONTRACTOR -*represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final products), provided to or on behalf of CONTRACTOR, shall be comparable to the best local and national standards. ItC BBI P-Govt 5/18/11 10.9 CONFLICTS Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY or in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONTRACTOR is permitted to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 10.10 AMENDMENTS Except for the provisions set forth in Article 5, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CONTRACTOR. 10.11 WAIVER OF BREACH AND MATERIALITY COUNTY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arms -length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 11 BBIP-Gout 5/18/11 10.12 COMPLIANCE WITH LAWS CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 10.13 SEVERANCE In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CONTRACTOR elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 10.14 JOINT PREPARATION Each party and its counsel have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 10.15 PRIORITY OF PROVISIONS The applicable provisions of Sections 328.72, and 328.76, Florida Statutes, as may be amended from time to time, and Section 9 1 /2-16 of the Broward County Code, as may be amended from time to time, are hereby expressly incorporated into this Agreement. In the event of a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in the Florida Statutes, and Broward County Code, shall prevail and be given effect. 10.16 APPLICABLE LAIN AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement 12 BBIP-Gout 5/18/11 shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT, 10.17 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms, hereof, shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 10.10 above. 10.18 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated into and made a part of this Agreement. 10.19 MULTIPLE ORIGINALS Multiple copies of this Agreement may be fully executed by all parties, each of which shall be deemed to be an original. [THIS SPACE INTENTIONALLY LEFT BLANK] 13 BBIP-Gout 5/18/11 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Resolution on the twentieth day of June, 2000, and the CITY OF TAMARAC, signing by and through its MAYOR, duly authorized to execute same. Witness W' ess IIII G ���� t 0 M M 1 � ��oi�► ��'` �i ............. / L � CREATED : vA r w .: OCT st Approved as to Insurance Requirements Ivlslvn Risk Management Division 4P.,isInsurance and ;on r Gts Manager BBIP-Gout 5/18/11 COUNTY By: County Administrator day of ��70-vx r , 2014. . Approved as to form by Office of County Attorney Broward County, Florida Joni Armstrong Coffey, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 14 Daphne Jones Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR THE BROWARD BOATING IMPROVEMENT PROGRAM GRANT WITNESSES: ATTEST: City Clerk BBIP-Govt 5/18/11 CONTRACTOR TAMARAC (Signature) /Ulu c.�ne�� C . Ccrv►eC,� C%--t y /�rLQS.ey' � (Print Name and Title) day of "L4 5; 0 Reviewed and approved as to form by 15 City Atto 2O 13. day of av% , 2013. EXHIBIT "A" I Project title: Veterans Memorial Park Boat Dock Project I. Scope of project: Construct a 1,000 sq.ft. floating boat dock adjacent to the existing boat ramp, and install safety lighting at the boat ramp. A. CONTRACTOR agrees to complete the project known as the Veterans Memorial Park Boat Dock Project, in accordance with plans approved by the Broward County Marine Advisory Committee before construction begins, and plans and specification prepared by, or under the supervision and review of, a registered professional architect, engineer, or other appropriate professional. These elements are identified in the project application which is made a part of this Agreement by reference. B. CONTRACTOR is responsible for obtaining all state, federal, and local permits, licenses, agreements, leases, easements, etc., required for the project. C. CONTRACTOR agrees that the project, when completed, shall be dedicated for public recreational uses. The dedication shall extend for a minimum of twenty-five (25) years and shall be recorded in the public property records. CONTRACTOR further agrees to return to the COUNTY funds tendered for the project in the event the project becomes utilized for other than the purposes of the project during this period. D. The CONTRACTOR shall erect a permanent sign identifying the program and the COUNTY as a funding source of project construction. III. Required documentation of services rendered: A. Contract Administrator is responsible for ensuring performance of its terms and conditions and shall approve all payment requests prior to payment. The CONTRACTOR shall submit to the COUNTY signed quarterly project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. Photographs shall be submitted when appropriate to reflect work accomplished. B. Upon project completion, the engineer, architect, or other appropriate professional shall sign a statement certifying satisfactory completion of the project in accordance with the prepared plans and specifications. 16 BBIP-Gout 5/18/1 1 IV. Matching Funds A. Pursuant to Section 4.1 of this Agreement, CONTRACTOR agrees to provide matching funds in the amount of $25,000.00. 17 BBIP-Gout 5/18/11 EXHIBIT "B" Prevailing Wage Rates:: On November 17, 1983, the Broward County Board of County Commissioners enacted Ordinance No. 83-72 providing that, in all non -federally funded construction procurement activity of Two Hundred Fifty Thousand Dollars ($250,000.00) or more, the rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work in like industries as determined by the Secretary of Labor and as published in the Federal Register (latest revision). 1. Prevailing Wage Rate Ordinance. This Project is not federally funded. If the construction cost is in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), the following sections shall apply: a) The rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work in a like construction industry as determined by the Secretary of Labor and as published in the Federal Register (latest revision). b) All mechanics, laborers, and apprentices, employed or working directly upon the site of the work shall be paid in accordance with the above -referenced wage rates. CONTRACTOR shall post notice of these provisions at the site of the work in a prominent place where it can be easily seen by the workers. c) If the parties cannot agree on the proper classification of a particular class of laborers or mechanics or apprentices to be used, the Contract Administrator shall submit the question, together with its recommendation, to the County Administrator for final determination. d) In the event it is found by the Contract Administrator that any laborer or mechanic or apprentice employed by CONTRACTOR, or any Subcontractor directly on the site of the work has been or is being paid at a rate of wages less than the rate of wages required by the ordinance, the Contract Administrator may: (1) by written notice to CONTRACTOR terminate its right to proceed with the work or such part of work for which there has been a failure to pay said required wages; and (2) prosecute the work or portion thereof to completion by contract or otherwise. Whereupon, CONTRACTOR and its sureties shall be liable to COUNTY for any excess costs occasioned to COUNTY thereby. �? BBIP-Gout 5/18/11 e) Sections 1.a) through 1.d) above shall apply to this Agreement to the extent that it is: (1) a prime Agreement subject to the ordinance; or (2) a subcontract also subject to the ordinance under such prime Agreement. f) CONTRACTOR shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve such for a period of three (3) years thereafter for all laborers, mechanics, and apprentices working at the site of the work. Such records shall contain the name and address of each such employee; its current classification; rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits); daily and weekly number of hours worked; deductions made; and actual wages paid. g) CONTRACTOR shall submit, with each requisition for payment, a signed and sworn "Statement of Compliance" attesting to compliance with Broward County Ordinance No. 83-72. The Statement shall be in the form attached as Exhibit "C." h) The Contract Administrator may withhold or cause to be withheld from CONTRACTOR so much of the payments requisitioned as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, watchpersons, and guards employed by CONTRACTOR or any subcontractor on the work, the full amount of wages req u i red by this Agreement. i) If CONTRACTOR or any subcontractor fails to pay any laborer, mechanic, or apprentice employed or working on the site of the work all or part of the wages required by this Agreement, the Contract Administrator may, after written notice to CONTRACTOR, take such action as may be necessary to cause suspension of any further payments or advances until such violations have ceased. W BBIP-Gout 5/18/11 EXHIBIT "C" STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) No. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by Broward County Ordinance No. 83-72 and the applicable conditions of this Agreement. Dated M I! CONTRACTOR (Signature) (Name and Title) STATE OF } SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 2013. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) typed, printed or stamped (Title or rank) (Serial number, if any) My commission expires: 20 BBIP-Gout 5/18/11